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What Is an NSF Check? | How to Handle

NSF checks cannot clear because of low funds in an account.

So you’ve brought your product or service to market, and are generating revenue. You’re well on your way to creating the business that you dreamed about. However, there could still be bumps in the road that keep you from collecting your receivables. Such as an NSF check from a customer. Not familiar? Let’s consider the NSF check definition.

What is an NSF check?

Sometimes called bounced or bad checks, NSF (non-sufficient funds) checks cannot be cashed due to insufficient funds in the payor’s account. In other words, a customer wrote a check for an amount larger than the balance of their checking account. If you receive an NSF check, you have not been paid for the good or service you provided.

You may also have to pay bank fees for negotiating a check with non-sufficient funds. As an NSF check holder, you could be charged a returned-check fee by the bank that could range from $5 to $35.

You now have an unpaid customer receivable, as well as the expense of a bank fee and the cost of the good or service you provided. You have several options for handling an NSF check that range from making a phone call to seeking legal help.

What to do as an NSF check holder

The customer’s bank might send a letter with all the details of the NSF check, including the check number, amount, and date, to the customer. As soon as the customer receives a letter, they should send a copy of it to you, along with a letter of their own explaining the situation.

Here are some actions you might take after accepting an NSF check:

Contact the customer – Clear communication is a simple, cheap solution to receiving an NSF check. In some cases, your customer may unintentionally send an NSF check. By bringing the issue to your customer’s attention, you give the customer the opportunity to pay you in full and maintain your business relationship. You can also discuss any returned-check fees you were charged and whether you expect to be reimbursed.

Write a demand letter – Sending a demand letter by certified mail can encourage a customer to pay you before more serious, and expensive, actions are necessary. The formal letter may include the check information, why it was returned, and a request for remittance of the check amount and bank fees charged to you. Give the customer a specific deadline for payment. Let them know that if you have not received payment by the due date, you will file a small claims court claim against them.

Hire a collection agency – If your company regularly runs into NSF checks from the same customers, you may want to hire a collection agency. These agencies help businesses get the money they are owed for a cut of your customer’s payment. This approach is helpful for collecting small amounts, because the agency’s cut can be cheaper than court costs.

Take legal action – If the customer refuses to pay, you can sue if your claim does not exceed your state’s small claims limit. Be sure to organize any relevant documents, including bank statements and receipts, since attorneys cannot represent you in small claims court.

There are two kinds of legal action that a business can take against a customer that attempts to pay with an NSF check. The state recognizes that an NSF check can be both a civil issue and a criminal one.

The civil penalty is less severe, and it will usually set the total amount the customer has to pay your business for issuing a bad check. The amount is almost always more than the amount on the check because the customer will be expected to cover any bank and court fees your business had to pay. A customer can also be penalized for any further damages that your business may suffer as a result of the NSF check.

Criminal charges can get the customer arrested. A repeated pattern of writing bounced checks may be considered fraudulent activity because the checks were written with the intent of not honoring payment. However, most NSF checks are not criminally prosecuted because the issuers will pay as soon as they learn of their negligence.

Be diligent and professional in tracking down your payment. In some cases, getting paid may only take a phone call to a customer or bank. If you do not receive remittance after several attempts, you may have to seek outside help through collection agencies or legal assistance.

Avoiding NSF checks

You can reduce your risk for accepting NSF checks by taking these steps:

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